FOI request (FOIR-344144802)

Criminal prosecutions

Requested Wed 23 June 2021
Responded Thu 23 September 2021

This FOI request is for the attention of the council department that deals with criminal prosecutions against private landlords and general enforcement activity in the private rented sector.

1. The total number of successful criminal prosecutions on formal notices served to private landlords for the following offences:

Service of an abatement notice ss.79-82, Environmental Protection Act 1990

Please break this down for 2018/2019, 2019/2020, and 2020/2021.

2. The total number of successful criminal prosecutions on formal notices served to private landlords for the following offences:

Failure to comply with management regulations in respect of Houses in Multiple Occupation (section 234 of the Housing Act 2004)

Please break this down for 2018/2019, 2019/2020, and 2020/2021.

3. The total number of successful criminal prosecutions on formal notices served to private landlords for the following offences:

Prohibition orders relating to category 1 hazards (ss.20, Housing Act 2004)

Please break this down for 2018/2019, 2019/2020, and 2020/2021.

4. The total number of successful criminal prosecutions on formal notices served to private landlords for the following offences:

Prohibition orders relating to category 2 hazards (ss.21, Housing Act 2004)

Please break this down for 2018/2019, 2019/2020, and 2020/2021.

5. The total number of successful criminal prosecutions on formal notices served to private landlords for the following offences:

An emergency remedial order (http://www.legislation.gov.uk/ukpga/2004/34/section/40) because the dwelling has a category one hazard that poses an immediate risk to the occupants

Please break this down for 2018/2019, 2019/2020, and 2020/2021.

6. The total number of successful criminal prosecutions on formal notices served to private landlords for the following offences:

An emergency prohibition order served because the dwelling has a category one hazard that poses an immediate risk to the occupants (section 43, Housing Act 2004)

Please break this down for 2018/2019, 2019/2020, and 2020/2021.

7. The total number of successful criminal prosecutions on formal notices served to private landlords for the following offences:

A criminal offence under section 72, Housing Act 2004

Please break this down for 2018/2019, 2019/2020, and 2020/2021.

8. The total number of successful criminal prosecutions on formal notices served to private landlords for the following offences:

Repayment of rent if occupier(s) was in receipt of housing benefit and applied to a Residential Property Tribunal for repayment of up to 12 months' rent (ss.73-75, Housing Act 2004)

Please break this down for 2018/2019, 2019/2020, and 2020/2021.

10. The total number of successful criminal prosecutions on formal notices served to private landlords for the following offences:

Section 331 of the Housing Act 1985 (causing or permitting overcrowding)

Please break this down for 2018/2019, 2019/2020, and 2020/2021.

11. How much (£) do these prosecutions cost on average for the local authority?

12. How much (£) does a civil penalty cost the local authority on average?

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Response

Please accept my apologies for the delay in responding.

Please see attached as requested.

NOTE: CIVIL PENALTIES USED AS AN ALTERNATIVE TO PROSECUTION NOW FOR RELEVANT OFFENCES IN ACCORDANCE WITH OUR ENFORCEMENT POLICY.

Attachments

• FOIR-344144802_FOIR-344144802_1-Criminal_prosecutions_Sept_2021.docx